Hanson v. Crawley
Supreme Court of Georgia
Principal and surety. Novation, etc. Before Judge Robenson. Morgan Superior Court. November Term, 1869. Crawley sued Morrison, as maker, and Hanson, as security on the following paper: “$650 00. Twelve months after date, I promise to pay Robert Crawley, or bearer, six hundred and fifty dollars, for *value received of him, cash borrowed. November 17th, 1865. J. J. Morrison, J. F. Hanson, Security. “I agree to pay the above in gold, having received it in gold. J. J. Morrison.”
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Principal and surety. Novation, etc. Before Judge Robenson. Morgan Superior Court. November Term, 1869. Crawley sued Morrison, as maker, and Hanson, as security on the following paper: “$650 00. Twelve months after date, I promise to pay Robert Crawley, or bearer, six hundred and fifty dollars, for *value received of him, cash borrowed. November 17th, 1865. J. J. Morrison, J. F. Hanson, Security. “I agree to pay the above in gold, having received it in gold. J. J. Morrison.” Planson defended, on the ground that said italicised words were, by Morrison, added to the note after it was signed by…
1Opinion of the CourtMcCAY, J.
Nothing is better settled than that any change of the contract, between the principal and the creditor, releases the security from his contract. The surety is only bound by the *contract he makes, and if that is so altered *307between the principal and the creditor as that it has become a new contract, the right against the surety is gone, since it is the essence of his cóntract that he is only bound by its terms, and if the principal is ¡not bound by the same terms, then the surety has no redress over.
Clearly, a contract to pay in currency, which it is admitted was the surety’s undertaking, is…
2Cited by3 opinions
- Jackson v. JohnsonSupreme Court of Georgia · 1881
- Johnston v. Bill Fancher & Associates, Inc.Court of Appeals of Georgia · 1986
- Busjahn v. McLeanIndiana Court of Appeals · 1892